Home Maintenance Gutter Repair

HOME MAINTENANCE GUTTER REPAIR AGREEMENT

This Home Maintenance Gutter Repair Agreement ("Agreement") is entered into effective as of by and between Homeowner: , residing at , and Contractor: , License No.: .

WHEREAS

WHEREAS, Homeowner requires gutter maintenance, repair and related services at the property located at (the "Property"); and

WHEREAS, Contractor represents that Contractor is duly licensed, insured and qualified to perform gutter repair and maintenance and agrees to perform such services pursuant to the terms and conditions set forth below.

SCOPE OF WORK

Contractor agrees to perform the following services at the Property. Specific tasks and materials shall be as detailed below.

Gutter cleaning
Gutter repair (seal leaks, reattach sections)
Downspout repair or replacement
Installation or repair of gutter guards/screens
Other (describe below)

PAYMENT TERMS

All payments are due in accordance with the Payment Schedule. If Homeowner fails to pay any undisputed amount when due, Contractor may suspend performance after providing five (5) days' written notice. Homeowner shall be responsible for reasonable collection costs, including attorney fees, for amounts not paid when due.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall continue until Completion Date: , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for the notice period specified above. Upon termination, Contractor shall be entitled to payment for services performed and materials purchased through the termination date.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other in connection with this Agreement, including pricing, proposals, proprietary methods and customer information. Recipient shall not disclose Confidential Information to any third party and shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than a reasonable standard of care.

Confidential Information does not include information that: (a) is or becomes generally available to the public other than by breach of this Agreement; (b) was lawfully in the recipient's possession prior to disclosure; or (c) is independently developed without use of the disclosing party's Confidential Information. Remedies at law for breach of confidentiality may be inadequate; the non-breaching party shall be entitled to injunctive relief in addition to other remedies.

INSURANCE; INDEMNIFICATION

Contractor shall maintain general liability and workers' compensation insurance as required by applicable law. Contractor agrees to indemnify and hold harmless Homeowner from claims arising out of Contractor's negligent performance, except to the extent caused by Homeowner's negligence or willful misconduct. Homeowner is responsible for securing any property insurance for the Property.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice-of-law rules.

ENTIRE AGREEMENT

This Agreement, including any attachments, estimates and written change orders signed by both parties, constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations and agreements. Any amendment or modification must be in writing and signed by both parties.

WARRANTY AND LIMITATION OF LIABILITY

Contractor warrants that work performed will be free from defects in workmanship for a period of months from completion, subject to normal wear and conditions beyond Contractor's control. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL OR INDIRECT DAMAGES.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses set forth below or such other address as a party may designate by written notice.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have read and understand this Agreement and that they have had the opportunity to consult with counsel.

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